Finalizing an Advance Directive in New Hampshire

In New Hampshire, you must have your health care directive either notarized or witnessed by two people.

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In New Hampshire, your health care directive is called an Advance Directive. After you create your advance directive, you must sign your document and have it either signed by two witnesses or notarized.

If you choose to have the document witnessed, neither of your witnesses may be:

  • under the age of 18
  • your health care agent
  • your attending physician or advanced registered nurse practitioner (ARNP) or a person acting under the direction or control of the attending physician or ARNP
  • your spouse, or
  • entitled to any part of your estate by operation of law or under your will.

In addition, no more than one witness may be a health or residential care provider or such provider’s employee.

After you sign your document and have it witnessed or notarized, it is legally valid. Keep the original in your files and give a copy to your health care agent, if you named one. To ensure that you get the health care that you want, it’s a good idea to make your wishes widely known. So, you might also consider giving copies of your advance directive to your physician, your hospital, your HMO or other insurance plan, and trusted family members and friends.

Review your document every few years to make sure that it still reflects your wishes. Also, consider making a new document if you move to another state, get married or divorced, or if your agent is no longer able to supervise your wishes.

Your properly finalized advance directive will stay in effect until you revoke it, if you ever choose to do so. You can revoke your document at any time. The best way to revoke your advance directive is to do it in writing. If possible, also collect and tear up all copies that you may have distributed to others. Finally, tell everyone who knows about your advance directive that you have revoked it.

Learn more about Living Wills and Medical Powers of Attorney.

Learn more about New Hampshire Living Wills and Advance Directives.

When you make an advance directive with Quicken WillMaker Plus, it will conform to all of New Hampshire’s advance directive laws and it will print with plain English instructions that detail how to make it legal.

by: , Attorney

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